Subject to our Standard Terms and Conditions of Hire and Sale (‘Terms and Conditions’), under the THX Protect Damage Waiver, THX will waive the costs of repair to or replacement of Equipment hired under an order with THX up to the value of £10,000 per Contract. Defined terms used on this page shall have the meanings provided under our Terms and Conditions.
The first £10,000 of any costs of repair to or replacement of Equipment that is accidentally damaged or stolen whilst in the possession, custody or control of the Hirer will not be chargeable if the damage waiver has been accepted in writing prior to the hire and the corresponding waiver fee in relation to the specific Contract has been paid in full cleared funds.
If you do not wish to be covered by the THX Protect Damage Waiver, or the value of the hired Equipment will be greater than £10,000 per Contract, then you are required to arrange and pay for hired-in plant insurance.
Exceptions to damage waiver cover: The damage waiver does not cover any loss of or damage to the Equipment:
caused by any wilful or deliberate act, negligence or fraud;
caused by any disregard or failure to follow any operating instructions as provided by THX;
to any Equipment left in non-secure locations (including where not secured properly on an open site or located within a building but where all locks and/or alarms have not been set) or left visible and unattended in a vehicle;
where the Hirer’s negligence or lack of reasonable care in securing Equipment has contributed to the loss or damage;
in the case of any Equipment stolen, where the Hirer does not: (i) report the theft to the police; (ii) provide THX with the relevant crime reference number; and (iii) provide sufficient details as THX may require to its reasonable satisfaction to evidence that the Hirer has complied with the terms of this clause 14, including in relation to how such Equipment has been kept safe and secure on site;
resulting from tyre punctures and/or replacement due to irreparable tyre damage;
where such Equipment includes any: (i) alloy scaffold towers, (ii) attachments, accessories or consumable items such as abrasives and drill bits, (iii) components of items for which a specific wear charge is made;
arising from breakdown of Equipment caused by a failure to comply with the Terms and Conditions;
arising from failure to clean and conduct routine maintenance of Equipment where the Hirer is responsible under the Terms and Conditions;
caused to Equipment by or arising out of materials treated by the Hirer or by foreign bodies entering the Equipment with such materials;
to Equipment that is only notified to THX at the end of the hire period and/or when an inventory is made; and
where such losses or costs of repair or replacement exceed £10,000 per Contract.
Cost and excess:
The current cost of the damage waiver is 15% of the hire rate (or such other rate as notified by THX at the time of the Order Confirmation) and must be accepted at the commencement of the relevant order and paid in full cleared funds.
Notwithstanding the above clauses and the application of the damage waiver, in relation to any loss of or damage to any of the Equipment set out in the list below, the Hirer shall remain liable for the first £500 of any claim, which shall be payable by the Hirer on demand for each and every claim, per piece of Equipment:
any medium to heavy plant, including without limit generators, diggers, dumpers and telehandlers;
PAVs (Push Around Vertical) lifts and aerial platforms; and
powered access including without limit scissor lifts and boom lifts.
The damage waiver is subject to the Hirer’s full and continuing compliance with all of its obligations in our Terms and Conditions and under the Contract.